Last Updated: 1st December 2013
These terms and conditions (collectively referred to herein as "Terms") apply to all orders for items which you place with Malin Publishing Limited ("we" "us" or "our") online through our website located at www.sylvianbiography.com ("our site").
These Terms will apply to any contract between us for the sale of Products to you ("Contract"). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. You accept and agree to be bound by these Terms when you place an order:
Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 1st December 2013.
These Terms, and any Contract between us, are only in the English language.
1. Information about us
1.1 We operate the website www.sylvianbiography.com. We are Malin Publishing, a company registered in England and Wales under company number 08779451 and with our registered office (and main trading address) is at MARSTANE HOUSE, MARIAN , TRELAWNYD, FLINTSHIRE , LL18 6EB .
2. Our Products
2.1 The images of the Product on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 Although we have made every effort to be as accurate as possible, all sizes, lengths, materials, weights, capacities, dimensions and measurements indicated on our site have a 5% tolerance.
2.3 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
3. If you are a consumer
3.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
3.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
4. If you are a business customer
4.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
4.2 These Terms and any document, policy or other terms and conditions expressly referred to in them constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document, policy or other terms and conditions expressly referred to in them.
5. How to make a purchase
(a) Making a purchase online
(i) Please ensure that the details you provide us with on purchase are correct and complete. You must also inform us promptly of any changes to those details (e.g. change of email or postal address).
(ii) Our online order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
6. The contract between us
6.1 We will provide the book(s) you ordered in a timely fashion via the postage type selected.
6.2 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we shall be entitled to cancel the Contract between us and will refund you the full amount as soon as possible.
6.3 You undertake that all details you provide to us for the purpose of ordering Products from us are true and correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the Products ordered.
7. Our right to vary these terms
7.1 We may revise these Terms from time to time, in the following circumstances:
(a) changes in how we accept payment from you; or
(b) changes in relevant laws and regulatory requirements; or
(c) to reflect changes in market conditions affecting our business; or
(d) changes in our system's capabilities.
7.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us. Any future changes will not affect Contracts already concluded, unless the changes are required to be made and given retrospective effect by any law or government authorised (in which case it will apply to all Contracts if required to do so).
7.3 Whenever we revise these Terms, all changes will be effective when posted on our site and you should check our site from time to time to review these Terms and other legal notices because they are binding on you.
8. Cancellation Policy
8.1 Your cancellation rights:
(a) UK consumers and consumers from the rest of the European Union have a legal right to cancel a Contract at any time for any reason within 7 days, starting from the day after you receive the Products. In this case you will be entitled to receive a full refund of the price paid for the Products and any applicable delivery charges to the credit or debit card used to purchase the applicable Products. This legal right does not apply to non-EU customers.
(b) All Products, which are the subject of a cancelled Contract, must be returned by you at your own risk and as soon as possible after the date you cancelled the Contract to us in the same condition in which they were delivered in accordance with our Returns Policy.
(c) Please note that you will be responsible for the costs of returning the Products to us, unless they were delivered to you in error or the Products are defective or faulty, in which case we will be responsible for the costs of returning the Products to us. If you do not return the Products as required, we may charge you a sum not exceeding the direct costs of recovering the Products.
(d) If you cancel the Contract before you have received the Product, but we have already processed the Products for delivery, you must not unpack the Products.
(e) On faulty or defective Products, after the 7 day cancellation period, we reserve the right to offer a reimbursement or replacement where appropriate.
8.2 Our cancellation rights:
(a) We shall be entitled to cancel the Contract if we have insufficient stock to deliver the goods ordered by you.
(b) If the Contract is cancelled by us, we will notify you by e-mail at the address given by you in your order form or associated with your account with us . Any sum debited by us from your credit card or debit card will be re-credited to your account within twenty one (21) days of the date you place your order. We will not be liable for any loss or damage you incur as a consequence of such cancellation or be obliged to offer any compensation to you.
9. Returns Policy
9.1 In the rare event that the Product you receive is faulty or not as ordered, please contact us to arrange replacement or reimbursement. All returns require prior authorisation. We will email this to you after you contact us. A copy of the returns authorisation email as well as a copy of the despatch note or invoice associated with the order is required to process returns correctly.
9.2 How to return your Products in 3 easy steps Step 1: Get in touch via email to obtain an authorisation number. Step 2: If your Products need returning please parcel them up with the original documentation and write the authorisation number on the outside of the parcel. Step 3: If we have arranged to collect the Products from you, please leave as instructed. If we are unable to collect the Products and you are returning them in the post to us, please obtain proof of postage.
9.3 Your rights to a refund or replacement
(a) If you are returning the Product to us because it is defective, faulty or we have supplied you with the incorrect Product, we will:
(i) arrange for the Products to be collected or where we cannot collect them, you shall arrange for the Products to be returned to Malin Publishing, Creg Malin, Dee View Road, Heswall, Wirral, CH60 0DH and we will be responsible for any reasonable postage costs you incur in returning the Products to us; and
(ii) at our option and as appropriate either: (A) replace the Products within 10 days (or 15 working days in the case of international orders) of the day we confirm your return authorisation number; or (B) refund to you the full amount paid by you for the Products and any applicable delivery charges.
9.4 We will usually process any refund due to you as soon as possible and in any case within 21 days of the day we receive the returned Product.
9.5 Please note that any Product which is returned to us will be at your own risk and we suggest that you obtain proof of posting certificate when the Product is posted.
9.6 To receive a full refund, the Products must be returned or be made available for collection (as applicable) in their original packaging and in the same condition in which they were received. If you wish to return any Products you have a duty to keep them in your possession and to take reasonable care of them until you return them.
9.7 We refund you via wire transfer to the nominated account of your choice.
9.8 If you are a consumer, you will always have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
10. Service availability
10.1 We reserve the right at any time and at our sole discretion to:
(a) refuse a new customer;
(b) discontinue our site or services or any part thereof.
11.1 We offer delivery to the United Kingdom, Republic of Ireland, overseas BFP2 addresses and the international destinations.
11.3 We will use reasonable endeavours to fulfil your order by the estimated delivery date paid for, unless there is an Event Outside Our Control.
11.3 Delivery will be completed when we deliver the Products to the address you gave us.
11.4 The Products will be your responsibility from the completion of delivery.
11.5 You own the Products once we have received payment in full, including all applicable delivery charges.
11.6 Special Conditions for International Deliveries
(a) It is your responsibility as purchaser and importer that any products ordered comply with local import regulations and that there are no restrictions which may affect receipt of your order.
(b) We strongly recommend that purchasers establish the likely charges applicable in the country of destination before placing an order. Please ensure the recipient is aware that they will be liable for those charges.
12. Price of products and delivery charges
12.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system.
12.2 Prices for our Products may change from time to time, but changes will not affect any order a;ready made at a previously quoted price.
12.3 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time.
13. How to pay
13.1 You can pay for Products using a debit card or credit card unless you are making a postal payment in which case payment for Products can be made using a cheque, postal order.
13.2 We also accept payment by PayPal. Please note that if you wish to pay for your Products using PayPal, and you do not already have an existing PayPal account, you will be required to set up a new account with PayPal directly.
13.3 By submitting an order to us through our site, you are confirming that the payment details provided on your order are valid and correct. All transactions will be in pounds sterling. Non-UK credit card providers and banks will determine the exchange rates to be applied and may add an additional processing or administration charge in relation to such payments which non-UK card holders will be liable to pay.
13.4 Payment for the Products and all applicable delivery charges is in advance. Any order placed using PayPal will be charged at the time your order is submitted. If we reject or cancel your order for any reason this charge will be credited back to your PayPal account.
14. Our liability if you are a business
14.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes. We reserve the right to refuse orders that we consider for any reason are for commercial purposes or subject to onward delivery by a third party.
14.2 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
14.3 Subject to Clause 14.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
14.4 Subject to Clause 14.2 and Clause 14.3 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total price of the Product(s) excluding any delivery charges.
14.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
15. Our liability if you are a consumer
15.1 Subject always to Clause 15.3, if we fail to comply with these Terms we will under no circumstances whatever be liable to you any loss or damage you suffer, except to the extent those losses are a foreseeable result of our breach of these Terms or our negligence.
15.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and subject always to Clause 15.3, we have no liability to you for any business or trade losses, including (but without limitation) loss of profit, loss of business, business interruption, or loss of business opportunity. We reserve the right to refuse orders that we consider for any reason are for commercial purposes or subject to onward delivery by a third party.
15.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
16. Events outside our control
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in Clause 16.2.
16.2 An "Event Outside Our Control" means any act or event beyond our reasonable control [including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
16.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
17. Other important terms
17.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
17.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
17.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
17.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
17.7 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England.